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FMH to pay in lawsuit
From Staff Reports

BALTIMORE -- Frederick Memorial Hospital has been ordered to pay a male technician more than $100,000 in a sexual harassment and wrongful termination lawsuit filed last year.

James A. Hinlicky, 40, of Keedysville, sued the hospital, saying it permitted a hostile work environment for male employees.

A federal jury returned its decision this week.

The former U.S. Navy submariner, who worked as a biomedical lab equipment specialist from April 1995 until 1997, said he was constantly harassed by sexual talk from his supervisor, Mary Marchak.

Mr. Hinlicky could not be reached for comment Friday afternoon.

In the $4 million suit filed in U.S. District Court, Mr. Hinlicky said Ms. Marchak "peppered the business of the biomedical department with constant inappropriate and unwelcome sexual references."

The unwelcome activity included Ms. Marchak asking about his sex life with his wife, describing her sex toys and showing sexually explicit parodies of Christmas carols.

He said his supervisor disliked sailors because her father, also a submariner, had deserted her family when she was seven.

After she learned of his military background, Mr. Hinlicky said his work environment suffered even more as Ms. Marchak said that no sailor should be trusted.

His requests to be transferred were seen as an act of insubordination.

Daniel Loftus, who represented FMH, said in a telephone interview: "Since it's an on-going proceeding, I can't comment on the case."

The jury awarded Mr. Hinlicky a total of $107,501 -- $40,000 in punitive damages against the hospital for gender-based employment discrimination or retaliation; $40,000 for non-economic compensatory damages resulting from his employment termination; $27,500 for economic compensatory damages and $1 for non-economic compensatory damages from the sexual harassment charge.

Mr. Hinlicky was fired, according to the suit, for falsifying his timesheet.

After a 4-hour hearing before the Maryland Unemployment Insurance Division, inspectors said FMH had no grounds to dismiss Mr. Hinlicky for misconduct.

The examiner wrote that Ms. Marchak was using her own system of compensation which may be a violation of state labor laws, but in any event was not known by FMH's human relations department. Further, he said an employer should not set up a system where many time sheets are filled out incorrectly and then fire someone for misrepresenting the hours worked.

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